Airport and Air Amendments

34
72-10-102
72-10-109
72-10-110
72-10-110.5
72-10-118
72-10-202
72-10-203
72-10-216
72-10-301
72-10-401
72-10-802
77-11d-102
72-10-102
72-10-109
72-10-110
72-10-110.5
72-10-118
72-10-202
72-10-203
72-10-216
72-10-301
72-10-401
72-10-802
77-11d-102
0
Airport and Air Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Wayne A. Harper
House Sponsor: Doug Welton
LONG TITLE
General Description:
This bill amends law relating to airports and drones.
Highlighted Provisions:
This bill:
defines terms;
amends provisions regarding a license required to operate an airport;
modifies requirements for how an airport handles lost property;
amends a restriction on how law enforcement can use a drone; and
makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
72-10-102
, as last amended by Laws of Utah 2025, Chapters 423, 515
72-10-109
, as last amended by Laws of Utah 2025, Chapters 423, 452
72-10-110
, as last amended by Laws of Utah 2024, Chapter 483
72-10-110.5
, as enacted by Laws of Utah 2018, Chapter 436
72-10-118
, as last amended by Laws of Utah 2019, Chapter 431
72-10-202
, as last amended by Laws of Utah 2019, Chapter 431
72-10-203
, as last amended by Laws of Utah 2019, Chapter 431
72-10-301
, as renumbered and amended by Laws of Utah 1998, Chapter 270
72-10-401
, as last amended by Laws of Utah 2025, First Special Session, Chapter 17
72-10-802
, as renumbered and amended by Laws of Utah 2023, Chapter 216
77-11d-102
, as renumbered and amended by Laws of Utah 2023, Chapter 448
ENACTS:
72-10-216
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
72-10-102
is amended to read:
72-10-102
. Definitions.
As used in this chapter:
(1)
"Acrobatics" means the intentional maneuvers of an aircraft not necessary to air
navigation.
(2)
(a)
"Advanced air mobility system" means a system that transports individuals and
property using piloted and unpiloted aircraft, including electric aircraft and electric
vertical takeoff and landing aircraft, in controlled or uncontrolled airspace.
(b)
"Advanced air mobility system" includes each component of a system described in
Subsection
(2)(a)
, including:
(i)
the aircraft, including payload;
(ii)
communications equipment;
(iii)
navigation equipment;
(iv)
controllers;
(v)
support equipment;
(vi)
an authoritative supplemental data service provider;
(vii)
flight information exchange; and
(viii)
remote and autonomous functions.
(3)
"Aerial transit corridor" means an airspace volume defining a three-dimensional route
segment with performance requirements to operate within or to cross where tactical air
traffic control separation services are not provided.
(4)
"Aeronautics" means transportation by aircraft, air instruction, the operation, repair, or
maintenance of aircraft, and the design, operation, repair, or maintenance of airports, or
other air navigation facilities.
(5)
"Aeronautics instructor" means
any
an
individual engaged in giving or offering to give
instruction in aeronautics, flying, or ground subjects, either with or without:
(a)
compensation or other reward;
(b)
advertising the occupation;
(c)
calling the instructor's facilities an air school, or
any
an
equivalent term; or
(d)
employing or using other instructors.
(6)
"Aircraft" means
any
a
contrivance now known or in the future invented, used, or
designed for navigation of or flight in the air.
(7)
"Air instruction" means the imparting of aeronautical information by
any
an
aviation
instructor or in
any
an
air school or flying club.
(8)
(a)
"Airport" means
any
an
area of land
, water, or both,
or water
that:
(a)
(i)
is used or is made available for landing and takeoff
of aircraft
;
and
(b)
provides facilities for the shelter, supply, and repair of aircraft, and handling of
passengers and cargo;
(c)
meets the minimum requirements established by the department as to size and
design, surface, marking, equipment, and operation; and
(d)
includes all areas shown as part of the airport in the current airport layout plan as
approved by the Federal Aviation Administration.
(ii)
is open or available for public use.
(b)
"Airport" includes:
(i)
appurtenant areas used for buildings, right of way, or other facilities used to
support the airport; and
(ii)
a vertiport if the vertiport is open or available for public use.
(9)
"Airport authority" means a political subdivision of the state, other than a county or
municipality, that is authorized by statute to operate an airport.
(10)
"Airport operator" means a municipality, county, or airport authority that owns or
operates a commercial airport.
(11)
(a)
"Airport revenue" means all fees, charges, rents, or other payments received by
or accruing to an airport operator for any of the following reasons:
(i)
revenue from air carriers, tenants, lessees, purchasers of airport properties, airport
permittees making use of airport property and services, and other parties;
(ii)
revenue received from the activities of others or the transfer of rights to others
relating to the airport, including revenue received:
(A)
for the right to conduct an activity on the airport or to use or occupy airport
property;
(B)
for the sale, transfer, or disposition of airport real or personal property, or
any
an
interest in that property, including transfer through a condemnation
proceeding;
(C)
for the sale of, or the sale or lease of rights in, mineral, natural, or agricultural
products or water owned by the airport operator to be taken from the airport;
and
(D)
for the right to conduct an activity on, or for the use or disposition of, real or
personal property or
any
an
interest in real or personal property owned or
controlled by the airport operator and used for an airport-related purpose but
not located on the airport; or
(iii)
revenue received from activities conducted by the airport operator whether on or
off the airport, which is directly connected to the airport operator's ownership or
operation of the airport.
(b)
"Airport revenue" includes state and local taxes on aviation fuel.
(c)
"Airport revenue" does not include amounts received by an airport operator as
passenger facility fees
pursuant to
in accordance with
49 U.S.C. Sec. 40117.
(12)
"Air school" means
any
a
person engaged in giving, offering to give,
o
r

advertising, representing, or
a person
holding itself out as giving, with or without
compensation or other reward, instruction in aeronautics, flying, or ground subjects, or
in more than one of these subjects.
(13)
"Airworthiness" means conformity with requirements prescribed by the Federal
Aviation Administration regarding the structure or functioning of aircraft, engine, parts,
or accessories.
(14)
"Authoritative supplemental data service provider" means a third party provider of
unmanned aircraft system traffic management services that is approved by the
department and supplies specialized data to an unmanned aircraft system service
supplier or to an unmanned aircraft system operator for a variety of uses.
(15)
"Civil aircraft" means
any
an
aircraft other than a public aircraft.
(16)
"Commercial aircraft" means aircraft used for commercial purposes.
(17)
"Commercial airport" means a landing area, landing strip, or airport that may be used
for commercial operations.
(18)
"Commercial flight operator" means a person who conducts commercial operations.
(19)
"Commercial operations" means:
(a)
any operations
the operation
of an aircraft for compensation or hire or
any
services performed incidental to the operation of
any
an
aircraft for which a fee is
charged or compensation is received, including the servicing, maintaining, and
repairing of aircraft, the rental or charter of aircraft, the operation of flight or ground
schools, the operation of aircraft for the application or distribution of chemicals or
other substances, and the operation of aircraft for hunting and fishing; or
(b)
the brokering or selling of any of these services; but
(c)
does not include any operations of aircraft as common carriers certificated by the
federal government or the services incidental to those operations.
(20)
"Correctional facility" means the same as that term is defined in Section
77-16b-102
.
(21)
"Dealer" means
any
a
person who is actively engaged in the business of flying for
demonstration purposes, or selling or exchanging aircraft, and who has an established
place of business.
(22)
"Experimental aircraft" means:
(a)
any
an
aircraft designated by the Federal Aviation Administration or the military as
experimental and used solely for the purpose of experiments, or tests regarding the
structure or functioning of aircraft, engines, or their accessories; and
(b)
any
an
aircraft designated by the Federal Aviation Administration as:
(i)
being custom or amateur built; and
(ii)
used for recreational, educational, or display purposes.
(23)
"Flight" means
any
a
kind of locomotion by aircraft while in the air.
(24)
"Flight information exchange" means a model or system that allows for the consistent
exchange of flying data between an unmanned aircraft system traffic management
system and an unmanned aircraft system operator or aircraft to facilitate the coordination
of flights.
(25)
"Flying club" means five or more persons who for neither profit nor reward own, lease,
or use one or more aircraft for the purpose of instruction, pleasure, or both.
(26)
"Glider" means an aircraft heavier than air, similar to an airplane, but without a power
plant.
(27)
"Mechanic" means a person who constructs, repairs, adjusts, inspects, or overhauls
aircraft, engines, or accessories.
(28)
"Navigable airspace" means the same as that term is defined in 49 U.S.C. Sec. 40102.
(29)
"Parachute jumper" means
any person
an individual
who has passed the required test
for jumping with a parachute from an aircraft, and has passed an examination showing
that the jumper possesses the required physical and mental qualifications for the jumping.
(30)
"Parachute rigger" means any person who has passed the required test for packing,
repairing, and maintaining parachutes.
(31)
"Passenger aircraft" means aircraft used for transporting persons, in addition to the
pilot or crew, with or without their necessary personal belongings.
(32)
"Person" means
any
an
individual, corporation, limited liability company, or
association of individuals.
(33)
"Pilot" means
any
a
person who operates the controls of an aircraft while in-flight.
(34)
"Primary glider" means
any
a
glider that has a gliding angle of less than 10 to one.
(35)
"Private airport" means an airport that is not open or available for public use.
(36)
"Public aircraft" means an aircraft used exclusively in the service of
any
a
government or of
any
a
political subdivision, including the government of the United
States, of the District of Columbia, and of
any
a
state, territory, or insular possession of
the United States, but not including
any
a
government-owned aircraft engaged in
carrying persons or goods for commercial purposes.
(37)
"Reckless flying" means the operation or piloting of
any
an
aircraft recklessly, or in a
manner as to endanger the property, life, or body of
any
a
person, due regard being
given to the prevailing weather conditions, field conditions, and to the territory being
flown over.
(38)
"Registration number" means the number assigned by the Federal Aviation
Administration to
any
an
aircraft, whether
or not
the number includes a letter or
letters.
(39)
"Roadable aircraft" means an aircraft capable of taking off and landing from a suitable
airfield and is also designed to be driven on a highway as a conveyance.
(40)
"Secondary glider" means
any
a
glider that has a gliding angle between 10 to one and
16 to one, inclusive.
(41)
"Significant private airport" means a private airport that is designated by the
department as a significant private airport as described in Section
72-10-416
.
(42)
"Soaring glider" means any glider that has a gliding angle of more than 16 to one.
(43)
"Unmanned aircraft system service supplier" means a service supplier that:
(a)
relays flight information between an unmanned aircraft system operator and a flight
management system; and
(b)
provides information that supports unmanned aircraft system operations and assists
with strategic deconfliction by an unmanned aircraft system traffic management
system.
(44)
"Unmanned aircraft" means an aircraft that is:
(a)
capable of sustaining flight; and
(b)
operated with no possible direct human intervention from on or within the aircraft.
(45)
"Unmanned aircraft system" means the entire system used to operate an unmanned
aircraft, including:
(a)
the unmanned aircraft, including payload;
(b)
communications equipment;
(c)
navigation equipment;
(d)
controllers;
(e)
support equipment; and
(f)
autopilot functionality.
(46)
"Unmanned aircraft system traffic management" means a traffic management
ecosystem for uncontrolled operations, including unmanned aircraft systems, that is
separate from, but complementary to, the Federal Aviation Administration's air traffic
management system.
(47)
"Vertiport" means an area of land, or a structure, used or intended to be used for
electric, hydrogen, and hybrid vertical aircraft landings and takeoffs, including
associated buildings and facilities.
Section 2. Section
72-10-109
is amended to read:
72-10-109
. Certificate of registration of aircraft required -- Exceptions.
(1)
Except as provided in
Subsection
(2)
Subsections
(2)
and
(3)
, a person may not
operate, pilot, or navigate, or cause or authorize to be operated, piloted, or navigated
within this state
any
a
civil aircraft based in this state for
181
90
or more days within
any
a
consecutive 12-month period unless the aircraft has a current certificate of
registration issued by the department.
(2)
The state registration requirement
under
described in
Subsection
(1)
does not apply to:
(a)
aircraft licensed by a foreign country with which the United States has a reciprocal
agreement covering the operations of the registered aircraft;
(b)
a non-passenger-carrying flight solely for inspection or test purposes authorized by
the Federal Aviation Administration to be made without the certificate of registration
;
or
; or
(c)
aircraft operating under 14 C.F.R. Part 121, with a maximum takeoff weight
exceeding 35,000 pounds.
(3)
An aircraft that is owned and operated by an operator licensed under 14 C.F.R. Part 135
headquartered in the state is subject to the registration requirements of this section
regardless of how long the aircraft is based in this state.
(4)
Beginning on January 1, 2025, a person may not operate in this state an unmanned
aircraft system or an advanced air mobility aircraft for commercial operation for which
certification is required under federal rule unless the aircraft has a current certificate of
registration issued by the department.
(4)
(5)
The department shall, on or before December 31 of
each
a
calendar year, provide
to the State Tax Commission a list of
each
the
aircraf
t
for which a current certificate of
registration is issued by the department under Subsection
(1)
.
Section 3. Section
72-10-110
is amended to read:
72-10-110
. Aircraft registration information requirements -- Registration fee --
Administration -- Partial year registration.
(1)
All applications for aircraft registration shall contain:
(a)
a description of the aircraft, including:
(i)
the manufacturer or builder;
(ii)
the Federal Aviation Administration aircraft registration number, type, year of
manufacture, or if an experimental aircraft, the year the aircraft was completed
and certified for
air worthiness
airworthiness
by an inspector of the Federal
Aviation Administration; and
(iii)
gross weight;
(b)
the name and address of the owner of the aircraft; and
(c)
where the aircraft is located, or the address where the aircraft is usually used or based.
(2)
(a)
Except as provided in Subsection
(3)
or
(4)
, at the time application is made for
registration or renewal of registration of an aircraft under this chapter, an annual
registration fee of:
(i)
0.4% of the average wholesale value of the aircraft shall be paid; or
(ii)
for a roadable aircraft, 0.2% of the average wholesale value of the roadable
aircraft shall be paid.
(b)
For purposes of calculating the average wholesale value of an aircraft under
Subsection
(2)(a)
or
(3)(d)
, the department shall use the average wholesale value as
stated in the Aircraft Bluebook Price Digest.
(c)
For an aircraft not listed in the Aircraft Bluebook Price Digest, the department shall
calculate the average wholesale value of the aircraft using common industry
standards.
(d)
(i)
An owner of an aircraft may challenge the department's calculation of the
average wholesale value of the aircraft.
(ii)
The department shall make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to establish a process for challenging the
department's calculation under Subsection
(2)(d)(i)
.
(3)
(a)
An annual registration fee of $100 is imposed on an aircraft that is used:
(i)
exclusively by an entity that is exempt from federal income taxation under Section
501(c)(3), Internal Revenue Code, and exempt from property taxation under Title
59, Chapter 2, Property Tax Act; and
(ii)
for the emergency transportation of medical patients for at least 95% of
its
the
aircraft's
flight time.
(b)
An annual registration fee is imposed on an aircraft 60 years or older equal to the
lesser of:
(i)
$100; or
(ii)
the annual registration fee
provided for under
described in
Subsection
(2)(a)
.
(c)
(i)
Except as provided in Subsection
(3)(c)(iii)
, an owner of an aircraft shall apply
for a certificate of registration described in Section
72-10-109
, if the aircraft:
(A)
is in the manufacture, construction, fabrication, assembly, or repair process;
(B)
is not complete; and
(C)
does not have a valid airworthiness certificate.
(ii)
An aircraft described in Subsection
(3)(c)(i)
is exempt from the annual
registration fee described in Subsection
(2)(a)
.
(iii)
The registration requirement described in Subsection
(3)(c)(i)
does not apply to
an aircraft that, in accordance with Section
59-12-104
, is exempt from the taxes
imposed under Title 59, Chapter 12, Sales and Use Tax Act.
(d)
An annual registration fee of .25% of the average wholesale value of the aircraft is
imposed on an aircraft if the aircraft is:
(i)
used by an air charter service for air charter; and
(ii)
owned by a person other than the air charter service.
(e)
The annual registration fee required in this section is due on December 31 of each
year.
(4)
(a)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the department shall make rules to establish and administer a registration fee for an
unmanned aircraft system or an advanced air mobility system registered
pursuant to
in accordance with
Subsection
72-10-109(3)
.
(b)
The rules made
pursuant to
in accordance with
Subsection
(4)(a)
regarding
registration and applicable fees for an unmanned aircraft system or an advanced air
mobility system may include:
(i)
a system for classifying unmanned aircraft systems or an advanced air mobility
systems;
(ii)
technical guidance for complying with state and federal law;
(iii)
criteria under which the department may suspend or revoke registration;
(iv)
criteria under which the department may waive registration requirements for an
applicant
currently holding
who holds
a valid license or permit to operate
unmanned aircraft systems issued by another state or territory of the United States,
the District of Columbia, or the United States; and
(v)
other rules regarding operation as determined by the department.
(c)
(i)
Registration fees for an unmanned aircraft system shall be deposited into the
aeronautics restricted account
Aeronautics Restricted Account
created in Section
72-2-126
.
(ii)
The registration fee imposed under Subsection
(2)(a)(ii)
for a roadable aircraft
shall be deposited in the aeronautics restricted account created in Section
72-2-126
.
(5)
(a)
The department shall provide a registration card to an owner of an aircraft if:
(i)
the owner complies with the registration requirements of this section; and
(ii)
the owner of the aircraft states that the aircraft has a valid airworthiness certificate.
(b)
An owner of an aircraft shall carry the registration card in the registered aircraft.
(6)
The registration fees assessed under this chapter shall be collected by the department to
be distributed
The department shall collect registration fees assessed under this chapter
and distribute the fees
as provided in Subsection
(7)
.
(7)
After deducting the costs of administering all aircraft registrations under this chapter,
the department shall deposit all remaining aircraft registration fees into the Aeronautics
Restricted Account created by Section
72-2-126
.
(8)
Aircraft which are initially registered under this chapter for less than a full calendar year
shall be charged a registration fee which is reduced in proportion to the fraction of the
calendar year during which the aircraft is registered in this state.
(9)
(a)
For purposes of this section, an aircraft based at the owner's airport means an
aircraft that is hangared, tied down, or parked at an owner's airport for
a plurality of
the year.
90 or more days within any consecutive 12-month period.
(b)
Semi-annually, an owner or operator of an airport open to public use, or of an airport
that receives grant funding from the state, shall provide a list of all aircraft based at
the owner's airport to the department.
(10)
The department shall maintain a statewide database of all aircraft based within the state.
(11)
The department may suspend or revoke a registration if the department determines that
the required fee has not been paid and the fee is not paid upon reasonable notice and
demand.
Section 4. Section
72-10-110.5
is amended to read:
72-10-110.5
. Uniform fee on aircraft -- Collection of fee by department --
Distribution of fees.
(1)
In accordance with
Utah Constitution, Article XIII, Section 2, Subsection (6)
, beginning
on January 1, 2009, an aircraft required to be registered with the state is:
(a)
exempt from the tax imposed by Section
59-2-103
; and
(b)
in lieu of the tax imposed by Section
59-2-103
, subject to a uniform statewide fee of
$25, assessed in accordance with Section
59-2-407
.
(2)
(a)
The department shall collect the uniform fee and distribute the uniform fee to the
county in which the aircraft is based.
(b)
A based aircraft is an aircraft that is hangared, tied down, parked, or domiciled in the
state for
a plurality of the year.
90 or more days within a consecutive 12-month
period.
(3)
(a)
The uniform fees received by a county under Subsection
(2)
shall be distributed
A county shall distribute fees received as described in Subsection
(2)

to
each
a
taxing entity within the county in the same proportion in which revenues collected
from the ad valorem property tax are distributed.
(b)
Each
A
taxing entity described in Subsection
(3)(a)
that receives revenues from the
uniform fee imposed by this section shall distribute the revenues in the same
proportion in which revenues collected from the ad valorem property tax are
distributed.
(4)
The remedies for nonpayment of the uniform fee described in this section are as
described in Section
59-2-407
.
(5)
In accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, the
department may make rules to implement this section.
Section 5. Section
72-10-118
is amended to read:
72-10-118
. Reason for department order to be stated -- Closing airports -- Notice
-- Right of inspection.
(1)
Before establishing and operating a non-federally funded airport that is open or
available for public use in this state, an airport shall obtain a license issued and
authorized by the department.
(1)
(2)
If the department rejects an application for
permission to operate or establish an
airport
a license described under Subsection
(1)
, or issues
any
an
order under this
chapter that requires or prohibits certain actions,
its order
the department
shall
state
:
(a)
contain
the reasons for the rejection or order; and
(b)
state
the requirements to be met before approval will be given or the order changed.
(2)
(3)
The department may order the closing of
any
an
airport until
its
the department's
requirements have been fulfilled.
(3)
(4)
(a)
An airport not meeting the standards required by the department shall:
(i)
be given notice of
its
the airport's
noncompliance; and
(ii)
have 10 days from the receipt of that notice to respond to the department with a
plan and schedule for compliance.
(b)
If the airport fails to respond within the required time, the department may revoke
the airport license and close the airport.
(4)
(5)
The department and
any
a
state, county, or municipal officer charged with the
duty of enforcing this chapter may inspect and examine at reasonable hours
any
premises, buildings, or other structures
a premise, building, or other structure
where
regulated airports are operated.
Section 6. Section
72-10-202
is amended to read:
72-10-202
. Cooperation with counties, municipalities, and federal government --
Expenditures by department.
(1)
The department may:
(a)
(1)
cooperate with counties and municipalities in developing and constructing airports;
(b)
(2)
make agreements on behalf of the state with
any
a
county or municipality
regarding the financial participation, construction, and operation of
any airports
an
airport
;
(c)
(3)
cooperate with the federal government in establishing airports; and
(d)
(4)
accept from the United States of America, money to be matched with the funds of
the state and funds appropriated by
any
a
county or municipality in developing and
constructing airports under the Uniform Airports Act.
(2)
The department may expend not to exceed 10% of its annual appropriation from the
Aeronautics Restricted Account upon any one project under this chapter.
Section 7. Section
72-10-203
is amended to read:
72-10-203
. Department and counties, municipalities, and airport authorities
authorized to acquire and regulate airports.
(1)
The department and municipalities, counties, and airport authorities may acquire,
establish, construct, expand, own, lease, control, equip, improve, maintain, operate,
regulate, and police airports for the use of aircraft and may use for these purposes
any
an
available property that is owned or controlled by the department or by a municipality,
county, or airport authority.
(2)
A county may not exercise the authority conferred in this section outside of
its
the
county's
geographical limits except

jointly with an adjoining county.
(3)
Before establishing and operating an airport that is open for public use in this state, an
entity shall obtain a license issued and authorized by the department as described in
Section
72-10-118
.
Section 8. Section
72-10-216
is enacted to read:
72-10-216
. Lost or mislaid property -- Airports
.
(1)
As used in this section:
(a)
"Interest holder" means the same as that term is defined in Section
77-11a-101
.
(b)
(i)
"Lost or mislaid property" means personal property that comes into the
possession of an airport operator by an airport operator's employee or law
enforcement officer on duty at an airport:
(A)
that is not claimed by the identified owner of the property before the airport
operator receiving the property; or
(B)
for which no owner or interest holder claims the property after the airport
operator has given a reasonable opportunity for the property owner to claim the
property.
(ii)
"Lost or mislaid property" includes money.
(iii)
"Lost or mislaid property" does not include:
(A)
property that contains or is a firearm or other dangerous weapon;
(B)
property or contraband seized by law enforcement as part of a criminal
investigation or proceeding;
(C)
hazardous waste or materials;
(D)
property that is unsanitary or otherwise a threat to the health and safety of an
airport operator's personnel;
(E)
an abandoned vehicle as described in Section
41-6a-1408
; or
(F)
property abandoned on a commercial airline, unless the airline and airport
operator have a written agreement that allows the airport operator to accept and
hold the property.
(c)
"Money" means coins or currency of the United States or of another country,
travelers checks, personal checks, bank checks, money orders, and investment
securities or negotiable instruments in bearer form or in
another form
so that title
passes upon delivery.
(d)
"Owner" means an individual or entity, other than
an interest holder
, who possesses a
legal or equitable interest in lost or mislaid property that has been left at an airport.
(e)
"Public interest use" means the same as that term is defined in Section
77-11d-101
.
(2)
This section applies only to an airport and an airport operator that
is
required by the
Federal Aviation Administration by 49 C.F.R. Part 1542 to provide law enforcement
personnel at the airport as part of a security program as described in 49 C.F.R. Section
1544.101.
(3)
An airport operator that receives lost or mislaid property shall make reasonable efforts
to locate the property's owner, including posting information about the lost or mislaid
property on the airport's website.
(4)
(a)
If an airport operator's reasonable efforts to locate and notify an owner of lost or
mislaid property are unsuccessful or the owner has been located and notified but fails
to claim the property in the time specified
in Subsection
(4)(b)
, the airport operator
may dispose of the property in accordance with the provisions of this Subsection
(4)
.
(b)
If the airport operator cannot determine the owner of lost or mislaid property or the
airport operator cannot directly notify the owner within 30 days after the day on
which the airport operator receives the property, or if the airport operator notifies the
owner of the property but the owner fails to appear and claim the property 30 days
after the day on which the owner is notified of the airport operator's receipt of the
property, the airport operator shall publish notice of the intent to dispose of the
property on the:
(i)
state's public legal notice website as described in Section
45-1-101
; and
(ii)
airport's website.
(c)
The notices described in Subsections
(4)(b)(i)
and
(ii)
shall:
(i)
give a general description of the property; and
(ii)
provide the date of intended disposition.
(d)
The airport operator may not dispose of the lost or mislaid property until at least
eight days after the day on which notice is published.
(e)
If no claim is made for the lost or mislaid property within nine days of publication of
the notice, the airport operator may dispose of the property as provided by local
ordinance adopted by the political subdivision in which the airport is located.
(f)
An ordinance described in Subsection
(4)(e)
may allow the airport operator to:
(i)
sell the property at public auction or through a third-party seller and apply the
proceeds to a lawful purpose;
(ii)
donate the property to a public interest use;
(iii)
destroy the property if the property is unfit for public interest use or sale; or
(iv)
if the property is money, apply the money to a lawful purpose.
(g)
If the lost or mislaid property is money, an individual claiming the property may
only recover the money if the individual can accurately identify:
(i)
the general location where the money was likely lost or mislaid;
(ii)
the circumstances under which the individual believes the money was separated
from the individual; and
(iii)
the amount of money lost or mislaid.
(h)
If the lost or mislaid property is to be disposed and the property contains money, the
airport operator may separate the money from the other property for purposes of
disposition.
(i)
A government employee may not claim or receive lost or mislaid property found in
the course and scope of the employee's duties at the airport unless the employee is the
rightful owner of the property.
(5)
(a)
An airport operator receiving lost or mislaid property shall maintain records
documenting all lost or mislaid property received by the airport operator, including
information about the disposition of each item.
(b)
An airport operator shall retain records created and maintained under Subsection
(5)(a)
consistent with the retention schedule described in Section
63G-2-604
.
Section 9. Section
72-10-301
is amended to read:
72-10-301
. Definitions.
As used in this part:
(1)
"Airport" means any area of land or water which is used, or intended for use for the
landing and taking-off of aircraft, and any appurtenant areas which are used, or intended
for use, for aircraft buildings or other airport facilities or rights of way, together with all
airport buildings and facilities located on them.
(2)
(1)
"Air navigation facility" means
any
a
facility
,

--
other than one owned and
operated by the United States
,

--
used in, available for use in, or designed for use in aid
of air navigation, including
any
structures, mechanisms, lights, beacons, markers,
communicating systems, or other instrumentalities, or devices used or useful as an aid,
or constituting an advantage or convenience, to the safe taking-off, navigation, and
landing of aircraft, or the safe and efficient operation or maintenance of an airport, and
any combination of
any or all of
the facilities.
(3)
(2)
"Airport hazard" means
any
a
structure, object of natural growth, or use of land
which obstructs the air space required for the flight of aircraft in landing or taking-off at
an airport or is otherwise hazardous to the landing or taking-off of aircraft.
(4)
(3)
"Municipality" means
any
a
county, city, town, or political subdivision of this
state.
(5)
(4)
"Person" means
any
an
individual, firm, partnership, corporation, company,
association, joint stock association, or body politic and includes any trustee, receiver,
assignee, or other similar representation thereof.
(6)
(5)
"Public agency" means the United States government or any of
its
the United
States government's
agencies, a state or
its
a state's
agencies, a municipality or other
political subdivision, or a tax-supported organization.
Section 10. Section
72-10-401
is amended to read:
72-10-401
. Definitions.
As used in this part:
(1)
(a)
"Airport" means any publicly used area of land or water that is used, or intended
to be used, for the landing and take-off of aircraft and utilized or to be utilized in the
interest of the public for these purposes.
(b)
"Airport" includes a vertiport if the vertiport is open for public use.
(2)
(1)
"Airport hazard" means
any
a
structure, tree, object of natural growth, or use of
land that potentially obstructs or otherwise impacts the safe and efficient utilization of
the navigable airspace required for the flight of aircraft in landing or take-off at an
airport.
(3)
(2)
"Airport influence area" means land located:
(a)
within 5,000 feet of an airport runway; or
(b)
within 500 feet of a vertiport that is open for public use.
(4)
(3)
"Airport overlay zone" means a secondary zoning district designed to protect the
public health, safety, and welfare near an airport that:
(a)
applies land use regulation in addition to the primary zoning district land use
regulation of property used as an airport and property within an airport influence area;
(b)
may extend beyond the airport influence area;
(c)
ensures airport utility as a public asset;
(d)
protects property owner land values near an airport through compatible land use
regulations as recommended by the Federal Aviation Administration; and
(e)
protects aircraft occupant safety through protection of navigable airspace.
(5)
(4)
"Avigation easement" means an easement permitting unimpeded aircraft flights
over property subject to the easement and includes the right:
(a)
to create or increase noise or other effects that may result from the lawful operation
of aircraft; and
(b)
to prohibit or remove
any
an
obstruction to such overflight.
(6)
(5)
"Land use regulation" means the same as that term is defined in Sections
10-20-102

and
17-79-102
.
(7)
(6)
"Political subdivision" means
any
a
municipality, city, town, or county.
(8)
(7)
"Structure" means
any
an
object constructed or installed by man, including
buildings, towers, smokestacks, and overhead transmission lines.
(9)
(8)
"Tree" means
any
an
object of natural growth.
Section 11. Section
72-10-802
is amended to read:
72-10-802
. Unmanned aircraft system use requirements -- Exceptions.
(1)
A law enforcement agency or officer may not obtain, receive, or use data acquired
through an unmanned aircraft system unless the data is obtained:
(a)
pursuant to
in accordance with
a search warrant;
(b)
in accordance with judicially recognized exceptions to warrant requirements;
(c)
subject to Subsection
(2)
, from a person who is a nongovernment actor;
(d)
to locate a lost or missing
person
individual
in an area in which
a person
an
individual
has no reasonable expectation of privacy; or
(e)
for purposes unrelated to a criminal investigation.
in a manner that does not violate
a reasonable expectation of privacy.
(2)
A law enforcement officer or agency may only use for law enforcement purposes data
obtained from a nongovernment actor if:
(a)
the data appears to pertain to the commission of a crime; or
(b)
the law enforcement agency or officer believes, in good faith, that:
(i)
the data pertains to an imminent or ongoing emergency involving danger of death
or serious bodily injury to an individual; and
(ii)
disclosing the data would assist in remedying the emergency.
(3)
A law enforcement agency or officer that obtains, receives, or uses data acquired
through the use of an unmanned aircraft system or through Subsection
(2)
shall destroy
the data as soon as reasonably possible after the law enforcement agency or officer
obtains, receives, or uses the data subject to an applicable retention schedule under
Title
63G, Chapter 2, Government Records Access and Management Act
, or a federal, state,
or local law.
(4)
This section applies to
any
an
imaging surveillance device, as defined in Section
77-23d-102
, when used in conjunction with an unmanned aircraft system.
Section 12. Section
77-11d-102
is amended to read:
77-11d-102
. Disposition by police agency.
All lost or mislaid property coming into the possession of a peace officer or law
enforcement agency shall be turned over to, held, and disposed of only by the local law
enforcement agency whose authority extends to the area where the item was found.
(1)
Except as described in Subsection
(2)
, a peace officer or law enforcement agency that
receives lost or mislaid property shall give the property to, hold the property, and
dispose of the property through the local law enforcement agency whose authority
extends to the area where the item was found.
(2)
(a)
A peace officer or law enforcement agency at an airport required to maintain a law
enforcement presence under 49 C.F.R. Part 1542 may give lost or mislaid property
other than a firearm or other dangerous weapon to the airport's operations personnel.
(b)
An airport shall hold and dispose of property described in
Subsec
tion
(2)(a)
as
described in Section
72-10-216
.
Section 13.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-11-26 12:41 PM